A/HRC/26/36
requirements of accountability: The Code of Conduct for Law Enforcement Officials
(Code)14 and the Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials of 1990 (Basic Principles).15 The Code is provided with a commentary, further
elaborating on its articles.
44.
These two instruments have been developed through intensive dialogue between law
enforcement and human rights experts, and have been endorsed by a large number of
States.16 They are widely accepted as authoritative statements of the law.17
45.
These instruments are available in all six United Nations languages and in a number
of other languages as well.18 At the same time, it is a matter of concern that important
constituencies do not seem to know about them – for example, standard textbooks on
“police use of force” fail to cite them.
46.
The right to life has two components. The first and material component is that every
person has a right to be free from the arbitrary deprivation of life: it places certain
limitations on the use of force. The second and more procedural component is the
requirement of proper investigation and accountability where there is reason to believe that
an arbitrary deprivation of life may have taken place.
47.
As is the case with other rights, States are required to respect and to protect the right
to life. This, in the words of article 6(1) of the International Covenant on Civil and Political
Rights, includes the duty to do so “by law”. The police in any society will at some point be
confronted with a situation where they have to decide whether to use force and, if so, how
much. Enacting an adequate domestic legal framework for such use of force by police
officials is thus a State obligation, and States that do not do this are in violation of their
international obligations.
48.
According to the United Nations Human Rights Committee:
States parties should take measures not only to prevent and punish deprivation of life by
criminal acts, but also to prevent arbitrary killing by their own security forces. The
deprivation of life by the authorities of the State is a matter of the utmost gravity. Therefore,
the law must strictly control and limit the circumstances in which a person may be deprived
of his life by such authorities.19
49.
In Nadege Dorzema and others v. Dominican Republic the Inter-American Court of
Human Rights (24 October 2012) held that the Dominican State had failed to comply with
its obligation to protect the right to life because it had failed to adopt adequate legal
14
15
16
17
18
19
8
Adopted by the General Assembly in its resolution 34/169 (1979). See also, Principles on the
Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, E.S.C Res.
1989/65, 24 May 1989.
Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of
Offenders, Cuba, 1990. United Nations General Assembly resolution 45/111 adopted without a vote
the same year welcomed the Basic Principles.
A/61/311, para. 35.
For example, it served expressly as the model for the National Guidelines on the Use of Force in
Australia. Bronitt et al. (eds.), Shooting to kill, Hart, 2012, p. 153. In 2011, the Government of Brazil
established Guidelines on the Use of Force by Agents of Public Safety, based on the Basic Principles
– see http://www.unodc.org/lpo-brazil/en/frontpage/2011/01/05-governo-brasileiro-estabelecediretrizes-sobre-o-uso-da-forca-por-agentes-de-seguranca-publica.html.
See
http://www.hrea.org/index.php?base_id=103&language_id=1&lnk_count=20&month=&year=&categ
ory_id=12&category_type=3&group.
Human Rights Committee General Comment No. 6 (1982), para. 3; and Nils Melzer, Targeted Killing
in International Law, Oxford University Press, 2008, pp. 104 and 105.
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